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CC 07-01-57 P. O. Box 597 Al 2..4505 C ! TY . 0 F CUP E R TIN 0 MINUTES OF THE REGULAR N~ING OF THE CITY COUNCIL JULY J.. J.957 Place: Collins School, Cafetorium Timet 6:00 P.M. Press Present I D. Cox, San Jose Mercury Mrs. Clark, Sunnyvale Standard Mrs. Kerr. Cupertino Courier I !tOLL CALL Councilmen Present: Councilmen Absent: Me,yerholz, Nathanson, Paizis. Saich. 11ilson None II THE mNUTK~ OF THE PREVIOUS MEETING OF JUNE J.7. J.957 were rea,d; the fOllowing correction was noted: Delete IV -F. III PETITIONS AND COMMUNICATIONS A. Written 1. Division of Highways: Acknowledgement of Cupertino recommendation on Free~'ay , 2. State Controller: Reasons for the Motor Vehicle Fund being somewhat less than predicted, J. County Controller: Balance of Municipal Tax, 1956-57)$28 46 Trailer License Tax ) . 4. State Board of Fqualization: Latest release on sales tax, B. Ox-al - None IV UNFINISHED BUSINESS A. Ordinances and Resolutions for AdoDtion 1, City Attorney Anderson suggested passage of an ordinance permitting th. use of circular dry wells and horizontal dry wells under certain terms and conditions within the City limits of the City of Cupertino. Hr, Anderson referred to a letter from Dr. Pearl of the County Health De- partment x-elative to water pollution resulting from use of dry wells. Mr. Anderson stated that any problems in this respect would involve th< Pollution Board and the user. He said the Board does not have con- flicting jurisdiction uÐless pollution actually occurs. Moved b,y Councilman Wilson that d)b:t9..ÐndinaAce. Nd.. ~ij.. .be read as;"þo " tiUe ~; seconded by Councilman Nathanson. carried 4 _ O. Councilman Nathanson moved that Ordinance '34 be adopted; seconded by Councilman Wilson, carried 4 _ O. 2. Mr. Anderson requested that the City write to the California Water SeX'Vice and invite them to apply for a franchise within the City limitE J. Resolution No, 4J. a resolution of the City of Cupertino granting con- sent to Cupertino Sanitary District to construct collecting sewers and appurtenances in the City roads, streets, highways, recorded rights of way. easements. and/or reservations for sewers as shown on maps and/or restrictions of record where said roads, streets, highways, and pubJ.ic places are under the jurisdiction of said City Council. Moved by Councilman Nathanson that Resolution No, 4'3 be adoDted; seconded b,y Councilman Paizis, carried 5 - O. B. ADDointment of New Plannine Commissioner The Mayor reported that HI', Edwin J. Myers has been appointed to the Planning Commission to fill the unexpired term of George Paiz1s - Three years. C. AlZreements with Division of Hiehwavs 1. With regard to the Freeway Agreement Mr, Anderson réported that it is necessary for the State to gain the consent of the City in order to cu' off the through roads and that they would probably take the proceedil1' before the courts if the City refuses to execute the agreement. The City Council asked the City Clerk to contact the City of Mt. View in order to find out what they have done or intend to do about their freeway agreement. They also asked that Mr, Hayler be invited to attend the next meeting to explain the impJ.ications of this agree- ment for the City, 2. The Memorandum of Agreement was read for Major City Streets. 1958. Maintemince money budgeted for the period July 1. 1957 to June 30, 195£ is $2108. Accrued and unbudgeted to June 30, J.957 - $5014.54. Estimated to accrue during fiscal year ending June 30, 1958 - $5270.00. Resolution No. 44 was read _ A resolution of the City CounciJ. o~ the City of Cupertino adopting budgei; anr'l aj""."y.>i 't. ' 18::i~": ,,':. ment for e..'\.1'srdit1.\re of gas tax all(jca..~j.o;: tu: : 1: ..1". ".,," Moved by Councilman Saich that Resolution 44 b$ fiU.f)lté" J,~"Jed by CounciJ.man Wilson, carried 5 - o. ~2~ J. The Council rev1.ewed the Memorandum of Agree¡nent for expenditure of the Engineering Allocation for City streets during the 1958 fiscal year. The budget submitted by the City includes a thousand, dollars for preliminary engineering, a thousand dollars for:construction engineering, and five hundred dollars for advance planning. aounmil~ man, ,W1"1soä~I\IOv:~d ·thecuÌÙ!lealm ·ot:..Reedlution mo.. 46. ad":::1!lÍithe ' , ~t-.alldat111\111~"" tbememerandum of ae:reement for e__nd_ture of, funds allocated unc:!er Section 2107. '5 of the Streets and Hie:hwavs Code: seconded by Councilman Saich, carried 5 _ o. 4. The agreement for maintenance of the State Highway in the City was reViewed by the Council and Councilman ~li1son moved that it be adO'Ctec seconded by Counoilman Saioh. carried 5 _ O. D. Rodrilll1es SubdiVision Road Matter ' The Mayor reported that Rodrigues had offered to make a sittlement so that the City could take title to the unaccepted roads in the subdiVision. and maintain them thereafter. Councilman Saich'stated that the roads could not be put into acceptabl condition for the $500 offered. nor for $1500, he estimated. Let him fix the roads before we accept them, he said. The Mayor disagreed and said it was up to the City to put the inter_ section of Rodrigues Avenue and IJighway 9 into safe condition. He felt that the parking lot frontage was not the responsibility of the City, Mr, Anderson reported that the roadways in question were acceptable in 1952. according to the County Engineer. Councilman Nathanson suggested that the County be contacted inasmuch as the road apparently was acceptable five years ago, and ask them if they bave any plans for bringing the road to specifications, The Mayor said that he would make an appointment with Rodrigues to try to solve the problem. E. Welcome Sil!:n Matter The Mayor reported that he had verbal approval of R, Cali to install a sign on the east side of Highway 9 opposite McClellan Road and also approval to install another one on Stevens Creek Road near the Craft house He had an estimate of $192,50 apiece 1br the signs. Councilman Saich moved aooroval. seconded by Councilman Paizis, carried 5 - O. F. Rabies Endemic Area The Mayor reported that Dr, Pearl has informed him that a serious epidemic has erupted in Monterey County and the County Health Department requests that the various jurisdictions still consider the Vicinity a rabies endemic area. V NEW BUSINESS A. Attornev's RenDZYt _ None B. Report of Roads and Maintenance Commissioner 1. Councilman Saich said that Leonard McCarthy will in the future explain his bills as to nature and time of work. 2. Councilman Saich reportèd the need for five stop sign markings, J, He reported that most of Stevens Creek Road is in need of striping. McCarthy had quoted a price of four cents a linear foot and six dollar for stop markings. Mr, Saich requested that the Safety Striping Service be asked to quote striping prices or verity the price list left at the City office C. Report of Police and Fire Chief 1. Councilman Nathanson reported that the fireworks permits had been okayed. 2, Cupertino served as host City for the Police Luncheon held in Lawrence's Redwood Inn June 20. D. ReBort of Planninl!: Commission Chairman _ None E. Recreation Report _ None -3- F. Treasurer's Renort Balance as of Marcþ 31, 1957 Receipts: Planning Commission Licenses and Franchises Fines Interest Sales Tax Property Tax Beverage Tax Auto and Trailer Taxes Miscellaneous Total Disbursements: Warrants 179 to 210 Inc, Balance as 01: June 30, 1957 Cash Position: Cash on hand 1ime deposit - First National Bank Uncashed warrants Balance June :30. 1957 JuJ.;¡r 1. 1957 $26,116.88 $ 52.00 1245,61 l745.26 57.1.¡4 :3259.72 2.572,10 970,00 8401.25 160.00 18.46,.,8 $44,580.26 29,242.73 15.:337.5:3 15.:337.53 l8.000;00 N9ne $33.3:37,5:3 Councilman Wilson moved that the reuort be accepted and filed; seconded Þ,y Councilman Paizis. carried 5 - O. The Mayor stated that he intended to have an audit made on all the City's books. G. B1i1ddt,J!8b t;hR Ft.scá\,J€ear.,iulv·i1t...., U57_to' J1Ine:'aa~ ]¡9~8~' J RTiVENUE : Sales Tax Fines In-lieu Alcoholic Beverages Real and property taxes (Personal) Franchises Gas tax for street maintenance Gas tax for street construction DISBURSEMENTS: Adlllinistrative: Clerk's 01:fice Counsel's Office Streets and Roads: !<jaintenance Construction Council Police: Services of Sherif1: Miscellaneous Planning Commission Publicity and promotion Sewers and drainage (Reserve) Parks and Recreation Undistributed reserve $17.500 4.500 9,700 1.000 8,000 7,000 2.400 r .'1.000 $53,100 ;$ 7,900 :3,000 9,500 '3,000 2,500 Councilman Hilson moved that it be tentative Iv auuroved; Councilman Paizis. carried 5 - O. H. Miscellaneous 1. Councilman vIilson asked Don Hartman if there is any possibility of leasing a couple of acres 1:rom the School District's new administra_ tion bUilding site. Mr, Hartman replied that the School District expected that the City would be able to use the same 1:acilities and the meeting chambers are a~able to any civic body. as provided in the State Code, Mr. Hartman said that the plans at present are in the process of approval by the State and requested that the Council send a letter outlining its needs. Councilman Wilson then requested that the. City devise a letter to the Board of Trustees to open the discussion. 2. The Council requested that the City go on record as favoring S. B, 725 which entails a mandatory proceœure to be used by the State Highways Commission and the Department of Public Horks in locating freeways. 12,000 1,000 3.000 500 4.000 3,000 1.700 $53.100 seconded by VI ADJOURNMENT - 10:30 P.}1. Resp~tfullY s'~t.!I".itt"Jr' .' , . ,.'~ f \. LAvlRENCE K, MARTIN, City G._ , I '"",,-. .. \J l,;JJ-